Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change
Date: 2016-03-02
Institutions: Directorate-General for Climate Action, European Commission
Subjects: UN Framework Convention on Climate Change, agreement (EU), climate change, environmental protection, greenhouse gas, pollution control measures, reduction of gas emissions, signature of an agreement

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   EUROPEAN COMMISSION  Brussels, 2.3.2016  COM(2016) 62 final 2016/0036 (NLE)   Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The proposal is for a Council Decision, to be adopted pursuant to Article 218(5) of the Treaty 
on the Functioning of the European Union (TFEU), on the signing, on behalf of the European 
Union,  of  the  Paris  Agreement  to  the  United  Nations  Framework  Convention  on  Climate 
Change (UNFCCC).  

At the 21st Conference of the Parties of the UNFCCC (known as COP 21), which took place 
in Paris from 30 November to 12 December 2015, an agreement was adopted, concerning the 
global  reduction  of  greenhouse  gas  emissions.  The  Agreement  will  enter  into  force  on  the 
30th day after the date on which at least 55 Parties to the Convention accounting in total for at 
least an estimated 55% of total greenhouse gas emissions, have deposited their instruments of 
ratification, acceptance, approval or accession.  

The Agreement will be open for signature by the parties to the UNFCCC between 22 April 
2016 and 21 April 2017. Parties to the UNFCCC include the European Union and its Member 
States. A high-level signature ceremony will take place in New York on 22 April 2016.  

The  Paris  Agreement  is  a  global  milestone  for  enhancing  global  collective  action  and 
accelerating  the  global  transformation  to  a  low-carbon  and  climate  resilient  society.  It  will 
represent  an  advance  over  the  1997  Kyoto  Protocol,  which  was  until  Paris  the  world's  only 
legally  binding  Treaty  to  reduce  greenhouse  gas  emissions  and  that  contain  commitments 
until  the  end  of  2020.  The  Paris  Agreement  sets  out  a  qualitative  long-term  emissions 
reduction goal in line with the objective to keep the global temperature increase well below 
2°C and to pursue efforts to keep it to 1.5°C. In order to achieve this goal, the Parties will set 
or update emission reduction targets. Starting from 2023, Parties will every 5 years undertake 
a global  stocktake, based on the latest science and implementation to date, which will track 
progress and consider emission reductions, adaptation and support provided.  

• 

Consistency with existing policy provisions in the policy area 

Ahead  of  COP  21,  parties  to  the  UNFCCC  presented  their  intended  nationally  determined 
contributions  (INDCs)  to  the  Agreement.  The  European  Union  and  its  Member  States  were 
the first major economy to communicate their INDC on 6 March 2015, which provides for the 
commitment  to  a  target  of  at  least  40%  domestic  reduction  in  greenhouse  gas  emissions  by 
2030 compared to 1990, as set out in the conclusions of the European Council of 23 October 
2014 on the 2030 climate and energy policy framework.  

The EU has already begun the process of implementation of the 40% greenhouse gas emission 
reduction target. As regards those sectors covered by the emissions trading system (ETS), the 
Commission adopted on 15 July 2015 a proposal for a directive of the European Parliament 
and  the  Council  amending  Directive  2003/87/EC  to  enhance  cost-effective  emission 
reductions  and  low-carbon  investments.  The  proposal  aims  to  deliver  the  above  target  in 
respect  of  those  sectors  covered  by  the  EU  ETS.  In  2016,  the  Commission  also  intends  to 
make  proposals  setting  out  Member  State  targets  for  sectors  outside  the  emissions  trading 
system, and on how to integrate emissions and removals from land use, land use change and 
forestry. 

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• 

Consistency with other Union policies 

The  European  Council  conclusions  of  23  October  2014  also  envisaged  a  target,  of  at  least 
27% for the share of renewable energy consumed in the EU by 2030. An indicative target at 
the EU level of at least 27% is also set for improving energy efficiency in 2030. In 2016, the 
Commission  will  therefore  complete  its  review  and  bring  forward  measures  on  renewable 
energy and energy efficiency, including energy efficiency for buildings.  

2. 

LEGAL BASIS 

The proposal is made under Article 192(1), together with Article 218(5) TFEU. Article 218 
TFEU lays down the procedure for the negotiation and conclusion of agreements between the 
European Union and third countries or international organisations. In particular, paragraph 5 
thereof provides for the Council, on a proposal from the Commission as negotiator, to adopt a 
decision authorising the signing of an agreement on behalf of the European Union.  

In accordance with Article 192(1) and 191 TFEU, the European Union shall contribute to the 
pursuit,  inter  alia,  of  the  following  objectives:  preserving,  protecting  and  improving  the 
quality of the environment; promoting measures at international level to deal with regional or 
worldwide environmental problems, and in particular combating climate change.  

There exists a large body of legislation in the Union implementing these objectives that will 
have to be revised in order to implement the Paris Agreement and this can only be achieved 
through Union legislation.  

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2016/0036 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Union, of the Paris Agreement adopted under 
the United Nations Framework Convention on Climate Change 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1), in conjunction with Article 218(5) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

At the 21st Conference of the Parties of the United Nations Framework Convention on 
Climate  Change  (COP  21),  which  took  place  in  Paris  from  30  November  to  12 
December  2015,  the  text  of  an  agreement  was  adopted,  concerning  the  global 
reduction  of  greenhouse  gas  emissions.  That  Agreement  will  enter  into  force  on  the 
30th  day  after  the  date  on  which  at  least  55  parties  to  the  Convention  accounting  in 
total for at least an estimated 55% of total greenhouse gas emissions, have deposited 
their  instruments  of  ratification,  acceptance,  approval  or  accession.  Parties  to  the 
Convention include the European Union and its Member States. 

The Agreement sets out a qualitative long-term emissions reduction goal in line with 
the  objective  to  keep  the  global  temperature  increase  well  below  2°C  and  to  pursue 
efforts to keep it to 1.5°C. In order to achieve this goal, the Parties will set or update 
emission reduction targets. Starting from 2023, Parties will every 5 years undertake a 
global  stocktake,  based  on  the  latest  science  and  implementation  to  date,  which  will 
track progress and consider emission reductions, adaptation and support provided.  

On  6  March  2015,  the  European  Union  and  its  Member  States  communicated  their 
intended  nationally  determined  contribution,  which  provides  for  a  commitment  to  a 
binding target of at least 40% domestic reduction in greenhouse gas emissions by 2030 
compared to 1990, as set out in the conclusions of the European Council of 23 October 
2014 on the 2030 climate and energy policy framework.  

The Agreement is open for signature at the United Nations Headquarters in New York 
from 22 April 2016 to 21 April 2017.  

The  agreement  is  in  conformity  with  the  environmental  objectives  of  the  European 
Union  as  referred  to  in  Article  191  of  the  Treaty,  namely  preserving,  protecting  and 
improving  the  quality  of  the  environment;  protecting  human  health,  promoting 
measures  at  international  level  to  deal  with  regional  or  worldwide  environmental 
problems, and in particular combating climate change.  

There  exists  a  large  body  of  legislation  in  the  Union  implementing  these  objectives 
that  will  have  to  be  revised  in  order  to  implement  the  Paris  Agreement  and  this  can 
only be achieved through Union legislation.  

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(7) 

Therefore, the Agreement should be signed on behalf of the European Union, subject 
to its conclusion at a later date, 

HAS ADOPTED THIS DECISION:  

Article 1 

The signing of the Paris Agreement to the United Nations Framework Convention on Climate 
Change is hereby approved on behalf of the Union. 
The text of the Agreement shall be signed in New York on 22 April 2016.1 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign the Agreement on behalf of the Union.  

The  Council  Secretariat  General  shall  establish  the  instrument  of  full  powers  to  sign  the 
Agreement, subject to its conclusion, for the person(s) indicated by the Commission.  

This Decision shall enter into force on the date of its adoption. 

Done at Brussels, 

Article 3 

For the Council 
The President 
[…] 

The  text  of  the  Agreement  is  available  on  the  website  of  the  UNFCCC: 

1 
http://unfccc.int/documentation/documents/advanced_search/items/6911.php?priref=6
00008831.  

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